85470 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 2 CFR 

chapter IV.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Lists of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Interstate Movement. 

Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. Section 

301.75–15 issued under Sec. 204, Title II, 

Public Law 106–113, 113 Stat. 1501A–293; 

sections 301.75–15 and 301.75–16 issued 

under Sec. 203, Title II, Public Law 106–224, 

114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. Amend § 301.75–1 by revising the 

definition of ‘‘Citrus canker’’ to read as 

follows: 

§ 301.75–1 Definitions. 

* * * * * 

Citrus canker. A plant disease caused 

by strains of the bacterium 

Xanthomonas citri. subsp. citri. 

* * * * * 

■ 3. Amend § 301.75–5, by revising 

paragraph (a) to read as follows: 

§ 301.75–5 Commercial citrus-producing 

areas. 

(a) The areas as shown in the 

following table are designated as 

commercial citrus-producing areas: 

TABLE 1 TO PARAGRAPH (a) 

Commercial citrus-producing areas 

Alabama. 

TABLE 1 TO PARAGRAPH (a)— 

Continued 

Commercial citrus-producing areas 

American Samoa. 

Arizona. 

California. 

Florida. 

Guam. 

Hawaii. 

Louisiana. 

Northern Mariana Islands. 

Puerto Rico. 

Texas. 

Virgin Islands of the United States. 

■ 4. Amend § 301.75–6 by revising the 

OMB citation at the end of the section 

to read as follows: 

§ 301.75–6 Interstate movement of 

regulated nursery stock from a quarantined 

area. 

* * * * * 

(Approved by the Office of Management and 

Budget under control number 0579–0363) 

■ 5. Amend § 301.75–7 by revising the 

OMB citation at the end of the section 

to read as follows: 

§ 301.75–7 Interstate movement of 

regulated fruit from a quarantined area. 

* * * * * 

(Approved by the Office of Management and 

Budget under control number 0579–0363) 

■ 6. Amend § 301.75–12 by adding an 

OMB citation at the end of the section 

to read as follows: 

§ 301.75–12 Certificates and limited 

permits. 

* * * * * 

(Approved by the Office of Management and 

Budget under control number 0579–0363) 

■ 7. Amend § 301.75–13 by adding an 

OMB citation at the end of the section 

to read as follows: 

§ 301.75–13 Compliance agreements. 

* * * * * 

(Approved by the Office of Management and 

Budget under control number 0579–0363) 

Done in Washington, DC, this 4th day of 

December 2023. 

Michael Watson, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2023–27034 Filed 12–7–23; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

7 CFR Part 3550 

[Docket No. RHS–23–SFH–0026] 

Single Family Housing Section 502 

Direct Loan Program—Community 

Land Trust Pilot 

AGENCY: Rural Housing Service, USDA. 

ACTION: Notification of waivers. 

SUMMARY: The Rural Housing Service 

(RHS or the Agency), a Rural 

Development (RD) agency of the United 

States Department of Agriculture 

(USDA), is announcing a pilot for the 

Section 502 Direct Home Loan program 

to test alternative eligibility criteria 

related to community representation for 

Community Land Trust (CLT) 

organizations. The Agency intends to 

evaluate the impact of allowing 

eligibility criteria other than 

membership open to all residents of the 

geographic area which could meet the 

intent of the statutory requirements for 

CLTs to have specific community 

representation. This notification 

outlines the pilot parameters and 

provides contact information for 

additional details about the pilot. 

DATES: The effective date of this pilot is 

December 8, 2023. The duration of the 

pilot is anticipated to continue until 

December 8, 2025, at which time the 

RHS may extend the pilot program (with 

or without modifications) or terminate it 

depending on the workload and 

resources needed to administer the 

program, feedback from the public, and 

the effectiveness of the program. If the 

pilot program is extended or terminated 

early, the RHS will notify the public. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Anderson, Finance and Loan 

Analyst, Direct Loan Origination 

Branch, Single Family Housing Direct 

Loan Division, Rural Development, U.S. 

Department of Agriculture, Email: 

jeremy.anderson@usda.gov; Phone: 

(202) 302–3092. 

SUPPLEMENTARY INFORMATION: 

Authority 

The RHS Single Family Housing 

Direct Division administers the Sec. 502 

Direct Loan Program under the authority 

of Section 502 of the Housing Act of 

1949, as amended; and operates under 

7 CFR 3550, subpart B. Section 506(b) 

of Title V of the Housing Act of 1949, 

as amended (42 U.S.C. 1476(b)), permits 

the Secretary to conduct demonstrations 

relating to national housing goals. All 

statutory or regulatory program 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85471 

requirements that are not waived in this 

document will remain in effect. 

Overview 

The RHS offers a variety of programs 

to build or improve housing and 

essential community facilities in rural 

areas. The Agency offers loans, grants, 

and loan guarantees for single- and 

multifamily housing, child-care centers, 

fire and police stations, hospitals, 

libraries, nursing homes, schools, first 

responder vehicles and equipment, 

housing for farm laborers, and much 

more. RHS also provides technical 

assistance loans and grants in 

partnership with non-profit 

organizations, Indian Tribes, State and 

Federal government agencies, and local 

communities. 

The RHS administers the Section 502 

Direct Loan Program to assist low- and 

very low-income applicants who 

currently do not own adequate housing 

and cannot obtain other credit the 

opportunity to acquire, build, 

rehabilitate, improve, or relocate 

dwellings in rural areas. Homes 

financed through the Section 502 Direct 

loan program can be located on land 

owned by a Community Land Trust 

(CLT). CLTs are a growing land 

management tool used by affordable 

housing providers nationwide and are 

recognized for their use of ground leases 

and/or long-term deed restrictions as 

mechanisms to achieve lasting 

affordability. CLTs were traditionally 

organized as member nonprofits but are 

increasingly organized as entities 

without members and/or without strict 

representation on governing boards, 

because they meet community 

accountability standards through other 

means. Similarly, mission-driven 

affordable housing developers other 

than CLTs use ground leases or deed 

restrictions to maintain lasting 

affordability of the housing units 

developed and initially sold to incomeeligible homebuyers to ensure the units 

remain affordable after the initial sale. 

To receive agency supported 

financing, eligible dwellings located on 

land owned by a CLT must comply with 

7 CFR 3550.72. Additional requirements 

for a community housing development 

organization identifying as a CLT are 

found at 42 U.S.C. 1472(a)(3)(B), which 

also incorporates definitions provided at 

42 U.S.C. 12704 as described. These 

requirements include, in part, that a 

CLT’s governing board maintains 

representation of low-income 

community residents and, to the extent 

practicable, low-income beneficiaries. 

42 U.S.C. 1472(a)(3)(B); 42 U.S.C. 

12704(6)(B). The Act also requires the 

CLT to have its corporate membership 

open to any adult resident of a 

particular geographic area specified in 

its bylaws. 42 U.S.C. 1472(a)(3)(B)(iv). 

As written, the community 

representation requirements are 

prohibitive for some affordable housing 

providers also acting as a CLT. 

As land prices increase and 

availability decreases, many affordable 

housing providers are exploring various 

model to achieve lasting affordability in 

the housing stock they contribute to 

their community, including CLTs, 

ground leases and long-term deed 

restrictions. Some affordable housing 

providers that utilize ground leases do 

not meet the governing board 

membership requirements and/or 

requirement of open corporate 

membership required of CLTs in the 

Housing Act of 1949 and are therefore 

unable to access the Section 502 

program for their low to very lowincome clients in rural communities 

when using a land trust ownership 

model. 

To ensure applicants working with 

affordable housing providers have 

access to the Section 502 program when 

using a land trust ownership model, 

RHS will approve affordable housing 

providers, under this pilot, that meet the 

eligibility criteria described in this 

document. The goal of this pilot is to 

test the viability of aligning the Section 

502 program CLT requirements with 

affordable housing providers’ current 

strategies to provide lasting affordability 

in homeownership. 

Discussion of the New Section 502 CLT 

Pilot Regulatory Waivers 

RHS has determined that the 

following two waivers are to be tested 

under the new pilot (demonstration) 

program for the Single-Family Housing 

Section 502 Direct Loan Program under 

the demonstration program authority 

provided in Section 506(b) of Title V of 

the Housing Act of 1949, as amended 

(42 U.S.C. 1476(b)) and at 7 CFR 

3550.7): 

1. The first waiver approved for this 

pilot is for affordable housing providers 

to be exempt from the requirement that 

a CLT maintain accountability to lowincome community residents with 

regard to decisions on the design, siting, 

development, and management of 

affordable housing through significant 

representation on the organization’s 

governing board. (42 U.S.C. 

1472(a)(3)(B); 42 U.S.C. 12704(6)(B)). 

Instead, organizations may propose to 

the Agency through this pilot, other 

methods by which the organization will 

maintain this accountability and ensure 

low-income community residents are 

included in these decisions. This could 

be demonstrated through community 

meetings, public notice for comment, a 

community advisory board, etc. 

Organizations should include detailed 

information related to the activities it 

will undertake to ensure community 

involvement is comparable to the input 

afforded the organizations board 

members. The Agency will evaluate 

these proposals and determine whether 

they are sufficient to maintain 

accountability. 

2. The second waiver approved for 

this pilot is for affordable housing 

providers to be exempt from the 

requirements that a CLT be a 

membership organization with its 

corporate membership open to any adult 

resident of a particular geographic area 

specified in the by-laws of the 

organization (1472(a)(3)(B)(iv))). 

Affordable housing providers who 

meet the eligibility criteria described in 

this document may request approval to 

take part in this pilot by providing 

information sufficient to determine their 

eligibility as described in this document 

to the applicable state office. State office 

information can be found online at— 

https://www.rd.usda.gov/browse-state. 

Eligibility Requirements 

To be eligible to participate in this 

pilot, organizations must be a private 

nonprofit entity, state or local 

government, Indian tribe or Tribal 

corporation; that meets all other 

requirements provided at 7 CFR 

3550.72, and at 42 U.S.C. 1472(a)(3)(B), 

except item (iv), and satisfactorly 

demonstrates to the Agency the steps 

they will take to be accountable to low 

income residences with regard to 

decisions on the design, siting, 

development, and management of 

affordable housing. 

Except as specified in this document, 

affordable housing providers seeking 

approval as a CLT must abide by all 

applicable statutory and regulatory 

requirements. Eligible participants in 

the Section 502 Direct program must 

otherwise abide by all statutory 

requirements and by the regulatory 

requirements outlined in 7 CFR 3550. 

Paperwork Reduction Act 

The regulatory waivers for this pilot 

contain no new reporting or 

recordkeeping burdens under OMB 

control number 0575–0179 that would 

require approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35). 

Non-Discrimination Statement 

In accordance with Federal civil 

rights laws and USDA civil rights 

regulations and policies, the USDA, its 


khammond on DSKJM1Z7X2PROD with RULES
85472 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

Mission Areas, agencies, staff offices, 

employees, and institutions 

participating in or administering USDA 

programs are prohibited from 

discriminating based on race, color, 

national origin, religion, sex, gender 

identity (including gender expression), 

sexual orientation, disability, age, 

marital status, family/parental status, 

income derived from a public assistance 

program, political beliefs, or reprisal or 

retaliation for prior civil rights activity, 

in any program or activity conducted or 

funded by USDA (not all bases apply to 

all programs). Remedies and complaint 

filing deadlines vary by program or 

incident. 

Program information may be made 

available in languages other than 

English. Persons with disabilities who 

require alternative means of 

communication to obtain program 

information (e.g., Braille, large print, 

audiotape, American Sign Language) 

should contact the responsible Mission 

Area, agency, staff office; or the Federal 

Relay Service at (800) 877–8339. 

To file a program discrimination 

complaint, a complainant should 

complete a Form AD–3027, USDA 

Program Discrimination Complaint 

Form, which can be obtained online at 

https://www.usda.gov/sites/default/ 

files/documents/ad-3027.pdf, from any 

USDA office, by calling (866) 632–9992, 

or by writing a letter addressed to 

USDA. The letter must contain the 

complainant’s name, address, telephone 

number, and a written description of the 

alleged discriminatory action in 

sufficient detail to inform the Assistant 

Secretary for Civil Rights (ASCR) about 

the nature and date of an alleged civil 

rights violation. The completed AD– 

3027 form or letter must be submitted to 

USDA by: 

(1) Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; or 

(2) Fax: (833) 256–1665 or (202) 690– 

7442; or 

(3) Email: Program.Intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Yvonne Hsu, 

Acting Administrator, Rural Housing Service. 

[FR Doc. 2023–26654 Filed 12–7–23; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1786; Airspace 

Docket No. 23–AGL–22] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Roseau, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Class 

E airspace at Roseau, MN. This action is 

the result of an airspace review caused 

by the decommissioning of the Roseau 

very high frequency omnidirectional 

range (VOR) as part of the VOR 

Minimum Operating Network (MON) 

Program. The name and geographic 

coordinates of the airport are also being 

updated to coincide with the FAA’s 

aeronautical database. This action 

brings the airspace into compliance 

with FAA orders to support instrument 

flight rule (IFR) operations. 

DATES: Effective 0901 UTC, March 21, 

2024. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours each day, 365 days each year. 

FAA Order JO 7400.11H, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5711. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends the 

Class E surface airspace and the Class E 

airspace extending upward from 700 

feet above the surface at Roseau 

Municipal Airport/Rudy Billberg Field, 

Roseau, MN, to support instrument 

flight rule (IFR) operations at this 

airport. 

History 

The FAA published an NPRM for 

Docket No. FAA–2023–1786 in the 

Federal Register (88 FR 62477; 

September 12, 2023) proposing to 

amend the Class E airspace at Roseau, 

MN. Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Incorporation by Reference 

Class E airspace designations are 

published in paragraphs 6005 of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document amends the current version of 

that order, FAA Order JO 7400.11H, 

dated August 11, 2023, and effective 

September 15, 2023. FAA Order JO 

7400.11H is publicly available as listed 

in the ADDRESSES section of this 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This amendment to 14 CFR part 71 

modifies the Class E airspace extending 

upward from 700 feet above the surface 

to within a 6.5-mile (decreased from a 

7-mile) radius of Roseau Municipal 

Airport/Rudy Billberg Field, Roseau, 

MN; and updates the name (previously 

Roseau Municipal Airport) and 

geographic coordinates of the airport to 

coincide with the FAA’s aeronautical 

database. 


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